WVC 11 - 8 - 6 F
§11-8-6f. Regular school board levy rate; creation and
implementation of Growth County School Facilities
Act; creation of Growth County School Facilities Act
Fund.
(a) Notwithstanding any other provision of law, where any
annual appraisal, triennial appraisal or general valuation of
property would produce a statewide aggregate assessment that would
cause an increase of two percent or more in the total property tax
revenues that would be realized were the then current regular levy
rates of the county boards of education to be imposed, the rate of
levy for county boards of education shall be reduced uniformly
statewide and proportionately for all classes of property for the
forthcoming tax year so as to cause the rate of levy to produce no
more than one hundred two percent of the previous year's projected
statewide aggregate property tax revenues from extending the county
board of education levy rate, unless subsection (b) of this section
is complied with. The reduced rates of levy shall be calculated in
the following manner: (1) The total assessed value of each class
of property as it is defined by section five of this article for
the assessment period just concluded shall be reduced by deducting
the total assessed value of newly created properties not assessed
in the previous year's tax book for each class of property; (2) the
resulting net assessed value of Class I property shall be
multiplied by .01; the value of Class II by .02; and the values of
Classes III and IV, each by .04; (3) total the current year's property tax revenue resulting from regular levies for the boards
of education throughout this state and multiply the resulting sum
by one hundred two percent: Provided, That the one hundred two
percent figure shall be increased by the amount the boards of
education's increased levy provided for in subsection (b), section
eight, article one-c of this chapter; (4) divide the total regular
levy tax revenues, thus increased in subdivision (3) of this
subsection, by the total weighted net assessed value as calculated
in subdivision (2) of this subsection and multiply the resulting
product by one hundred; the resulting number is the Class I regular
levy rate, stated as cents-per-one hundred dollars of assessed
value; and (5) the Class II rate is two times the Class I rate;
Classes III and IV, four times the Class I rate as calculated in
the preceding subdivision.

An additional appraisal or valuation due to new construction
or improvements, including beginning recovery of natural resources,
to existing real property or newly acquired personal property shall
not be an annual appraisal or general valuation within the meaning
of this section, nor shall the assessed value of the improvements
be included in calculating the new tax levy for purposes of this
section. Special levies shall not be included in any calculations
under this section.

(b) After conducting a public hearing, the Legislature may, by
act, increase the rate above the reduced rate required in
subsection (a) of this section if an increase is determined to be necessary.

(c) The State Tax Commissioner shall report to the Joint
Committee on Government and Finance and the Legislative Oversight
Commission on Education Accountability by the first day of March of
each year on the progress of assessors in each county in assessing
properties at the constitutionally required sixty percent of market
value and the effects of increasing the limit on the increase in
total property tax revenues set forth in this section to two
percent.

(d) Growth County School Facilities Act. -- Legislative
findings. --

The Legislature finds and declares that there has been,
overall, a statewide decline in enrollment in the public schools of
this state; due to this decline, most public schools have ample
space for students, teachers and administrators; however, some
counties of this state have experienced significant increases in
enrollment due to significant growth in those counties; that those
counties experiencing significant increases do not have adequate
facilities to accommodate students, teachers and administrators.
Therefore, the Legislature finds that county boards of education in
those high-growth counties should have the authority to designate
revenues generated from the application of the regular school board
levy due to new construction or improvements placed in a Growth
County School Facilities Act Fund be used for school facilities in
those counties to promote the best interests of this state's students.

(1) For the purposes of this subsection, "growth county" means
any county that has experienced an increase in second month net
enrollment of fifty or more during any three of the last five
years, as determined by the State Department of Education.

(2) The provisions of this subsection shall only apply to any
growth county, as defined in subdivision (1) of this subsection,
that, by resolution of its county board of education, chooses to
use the provisions of this subsection.

(3) For any growth county, as defined in subdivision (1) of
this subsection, that adopts a resolution choosing to use the
provisions of this subsection, pursuant to subdivision (2) of this
subsection, assessed values resulting from additional appraisal or
valuation due to new construction or improvements to existing real
property shall be designated as new property values and identified
by the county assessor. The statewide regular school board levy
rate as established by the Legislature shall be applied to the
assessed value designated as new property values and the resulting
property tax revenues collected from application of the regular
school board levy rate shall be placed in a separate account
designated as the Growth County School Facilities Act Fund.
Revenues deposited in the Growth County School Facilities Act Fund
shall be appropriated by the county board of education for
construction, maintenance or repair of school facilities. Revenues
in the fund may be carried over for an indefinite length of time and may be used as matching funds for the purpose of obtaining
funds from the School Building Authority or for the payment of
bonded indebtedness incurred for school facilities. For any growth
county choosing to use the provisions of this subsection, estimated
school board revenues generated from application of the regular
school board levy rate to new property values are not to be
considered as local funds for purposes of the computation of local
share under the provisions of section eleven, article nine-a,
chapter eighteen of this code.

(e) This section, as amended during the legislative session in
the year two thousand four, shall be effective as to any regular
levy rate imposed for the county boards of education for taxes due
and payable on or after the first day of July, two thousand four.
If any provision of this section is held invalid, the invalidity
shall not affect other provisions or applications of this section
which can be given effect without the invalid provision or its
application and to this end the provisions of this section are
declared to be severable.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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